Copyright is stipulated in particularly in Civil Code, Law
on Intellectual Property 2005, amended and supplemented in
2009 and Decree No. 100/2006/ND-CP: Detailing
And Guiding The Implementation Of A Number Of Articles Of The Civil Code And
The Intellectual Property Law
Regarding The Copyright And Related Rights
Copyright means rights
of an organization or individual to works which such organization or individual
created or owns. Copyright shall arise automatically at the moment a work is
created and fixed in a certain material form; irrespective of its content,
quality, form, mode and language and irrespective of whether or not such work
has been published or registered
As stipulations of Law
on Intellectual Property in 2005, amended and supplemented in 2009, Copyright
in works shall comprise moral rights and economic rights. Moral rights (except
publication rights) shall be protected all whole life of authors and from 50 to
75 years since the author or the final co-author dies.
Copyright-related
rightsor related rights means rights of organizations and individuals to performances,
phonograms, video recordings, broadcasts and encrypted program-carrying
satellite signals. The rights of performers shall be protected for fifty (50)
years, which starts from the year following the year in which the performance
is turn into a fixed form. The rights of producers of audio and video
recordings shall be protected for fifty (50) years which starts from the year
following the year of publication, or fifty (50) years which starts from the
year following the year in which any unpublished audio and video recording is
turned into a fixed form. The rights of broadcasting organizations shall be
protected for fifty (50) years which starts from the year following the year in
which a broadcast is made.
Like the Trademark
registration, Copyright registration shall be the important legal bases to
resist actions of appropriating copyright, impersonating authors,
counterfeiting, infringing on copyright which lead to damage on reputation of
authors.
ANT Lawyers supplies service on copyright/ related right
consultant as follows:
· Advise in grounds for the generation and
establishment of Copyrights; basic limitation of Copyrights/ related rights;
· Consult, represent Clients negotiating and
drafting using agreement, assignment agreement and other contracts relating
to copyright/ related rights registration;
· Complaint decision relating to issuing
copyright/ related rights certificate;
· Consult, collaborate with competent authorities
in solving copyright/ related rights infringement.
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